Terminating Easements in States East of the Mississippi River

August 24, 2017

One of this century’s most common sources of real estate litigation in the states east of the Mississippi River is easements. In urban areas, entire development projects have been halted as a result of easement agreements, many of them ancient. In our nation’s system of transferring title, in which each parcel of land is transferred with all of the rights of their predecessor owners (no matter how old), these disputes will continue. This article discusses how to terminate easements and notes that some states combat these ancient agreements by barring the enforcement of, or by expressly eliminating, old defects in land records.

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